Law and Philosophy Commons^™

Training To The Tech: Fostering The Ethical Adaptation To And Adoption Of Emerging Technologies In The Practice Of Law, Raymond H, Brescia

Fordham Law Review

No abstract provided.

Winging It: Convergence, Convivencia, And Belonging Of Latina Lawyers, Verónica C. Gonzales

Fordham Law Review

No abstract provided.

Wealth-Based Disparities In Higher Education: Compounding Privilege, Multiplying Barriers, Rachel Moran, Jonathan D. Glater

Faculty Scholarship

This Special Issue is prompted by a confluence of developments in higher education: increasing access to postsecondary schooling overall and concurrent increasing socioeconomic inequality. After World War II, American colleges and universities began to “massify,” expanding their enrollments by opening their doors to people who previously would have found them closed. First, these institutions admitted veterans, then people of color and women (Altbach and Reisberg 2018, p. 63; Gumport et al. 1997, p. 2; Labaree 2017, pp. 106–7). The U.S. was not an outlier, and in the ensuing decades, nations around the globe saw unprecedented increases …

Outbound Investment Restrictions And International Law’S Challenge, Harlan Grant Cohen

Seattle University Law Review

The Outbound Investment Rule, restricting U.S. investment in certain Chinese advanced technology sectors, has largely been portrayed as an incremental measure, a modest extension to fill loopholes in the existing investment screening regime. But while perhaps the logical next step in the securitization of the economy, the Outbound Investment Rule actually reflects a momentous shift in the relationship between governments and business, one playing out in the United States and around the world and worth attention. Unlike traditional investment screening, the Outbound Investment Rule operates like a sanctions regime, designed not to protect the U.S. economy, but to hamper the …

Resilient Dispute Resolution Systems For International Energy Conflicts, Guillermo J. Garcia Sanchez

Seattle University Law Review

Energy-related conflicts are on the rise, spanning diverse issues such as the impacts of rare mineral mining on local communities, the impacts of sanctions on energy investments due to the Russia-Ukraine war, and the impacts of expanded subsidies on the electric vehicle and solar panel industries. Increasingly, companies, communities, and governments are clashing over the challenges of pursuing disparate and sometimes competing energy policies. This Article argues that dispute resolution mechanisms in the energy investment sector must be fundamentally rethought. Traditional semi-adjudicatory models, which focus on winners and losers, fail to accommodate the complex and multifaceted nature of contemporary energy …

Restricting Data Flows Is A Sign Of Weakness, Nikolas Guggenberger

Seattle University Law Review

There has been a seismic shift in American attitudes toward the free flow of data across borders.  In less than a decade, the United States has transitioned from condemning barriers to digital trade to constructing a digital fortress of its own. It passed legislation requiring TikTok’s parent company to divest its U.S. operations or face a nationwide ban affecting 170 million U.S. users, citing national security concerns about its ties to China and the potential for data surveillance and content manipulation. Upon legal challenge by TikTok on First Amendment grounds, the Supreme Court affirmed the ban’s constitutionality. Recent federal legislation …

Product Nationality And Corporate Identity, Trang (Mae) Nguyen

Seattle University Law Review

Global supply chains have long depended on a deceptively technical device: the attribution of a “nationality” to goods. A trade law principle, rules of origin assign products an “economic passport” that governs how they are treated at the border, including what markets they may enter and which tariff rates apply. In recent years, however, product nationality has taken on a new and far more ambitious role. As U.S. trade policy increasingly intersects with national security and human rights policy, policymakers rely on nationality-based measures to police supply chain linkages, curb geopolitical issues, and discipline firms for their links to forced …

Global Supply Chain Resilience In Emerging Technologies: A Case Study Of Bitcoin Mining, Kishanthi Parella, Carla L. Reyes

Seattle University Law Review

The United States has put into motion bold plans in critical and emerging technologies to bolster its national and economic security.  For example, the federal government created a national bitcoin strategic reserve and a stockpile of other cryptocurrency; while several states have committed to or are considering similar goals.  However, the security of these reserves is dependent on two types of supply chains within the Bitcoin mining industry: analogue supply chains, relating to the physical components needed for Bitcoin mining, and data supply chains, relating to the complex and layered logistical network of actors that create input into the software …

Volume 49 Masthead

Seattle University Law Review

Volume 49 Masthead

A Comparative Study Of Chinese And American Approaches To Shaping International Outer Space Law And Norms, Ariel G. Silverman

Seattle University Law Review

This article explores convergences and divergencies in the United States and PRC’s responses to the stalemate in the United Nations over the future of outer space resource governance. I do so by systematically analyzing these leading space-faring nations’ policy-positions and tactics deployed to shape norms around three substantive areas of outer space resource governance: rights of ownership and scope of utilization of space resources, mechanization of the “benefits sharing” principle, and the rights and responsibilities of the private sector. I theorize that these leading space-faring nations have adopted divergent approaches due to their differing historical relationships with international law and …

Table Of Contents

Seattle University Law Review

Table of Contents

Third-Party Funding: Balancing Transparency, National Security, And Access To Justice, Victoria Shannon Sahani

Seattle University Law Review

Many lawmakers who have recently become aware of the multi-billion-dollar global third-party funding industry are raising new national security concerns that further complicate preexisting, longstanding debates about transparency, disclosure, access to justice, and the best way to regulate third-party funding. In response, this Article briefly asserts three main points relating to the question of how best to regulate third-party funding. First, this Article explains the third-party funding industry, including its global regulatory landscape and how it serves three distinct populations: consumers, businesses, and law firms. Second, this Article explains that third-party funding is one tool that can help expand access …

The Field Of International Business Transactions Law, Kathleen Claussen

Seattle University Law Review

This Article studies the evolution of the scholarly subfield referred to as the law of “international business transactions” (IBT). It reviews data on academic articles, courses, textbooks and other signifiers of the growth of this research area. Beginning around 1960, scholars began to use the term “international business transactions” and by the 1980s, several law schools were offering a course by that title. A handful of dedicated textbooks soon followed. These data reflect a gradual increase in research on the topic of IBT, particularly in the United States, but also considerable diversity of subject matters covered by those works. The …

Kim Gyeong-Seok And The Origins Of Northeast Asia’S Corporate Accountability Movement For War And Colonialism, Timothy Webster

Seattle University Law Review

For the past three decades, a transnational reparations movement has unfolded across Northeast Asia. Hundreds of victims—assisted by attorneys, academics, and activists—seek remedies from Japan for various atrocities committed during World War II, colonialism, and other historical injustices.  They press their claims in street protests, legislative hearings, dramatic performances, and other fora.  The “comfort women” are the best known of these claimants; their global redress campaign ex-tends from noisy protests outside of Japan’s embassy in Seoul, to mute statues in raucous boroughs of Berlin.  More obscure, though larger in number, were the roughly one million Koreans who performed forced labor …

Navigating Compliance In A Geopolitical Era: The Case Of Chinese Multinationals In The United States, Ji Li

Seattle University Law Review

This Article examines how Chinese multinational companies (MNCs) approach compliance in the United States amid deepening geo-political rivalry and intensified regulatory scrutiny. Drawing on original survey data, this Article maps variations in compliance structures, staffing, and governance mechanisms across Chinese firms and identifies key determinants such as industry-specific regulatory intensity, listing status, and organizational imprinting from headquarters. The analysis employs a dual institutional framework to explain how compliance systems emerge from the interplay between host-state regulatory demands and home-state institutional legacies, producing hybrid structures that blend local adaptation with headquarters-driven replication. Findings reveal that while certain compliance features—such as committee …

Navigating Radical Indeterminacy In The Struggle For A Global Collective Consciousness: The Question Of Eco-Justice And Law Or Universalize The Pluriverse: A Manifesto, More Or Less, Omar Auf

Theses and Dissertations

The processes of interpretation, communication, and re-interpretation leads to the emergence of an approximated collective consciousness, for which it may be struggled and contested by hegemonic. The dominant forces of this contest, capitalism and nationalism, lead to an interdivided world: one that possesses the tools to empathize with each other but is instead leading people to keep their heads down and focus on surviving their own contexts, perceived as existing within different historical times on the same timeline. This leads to legal and justice systems that fail their claim to universality and/or impartiality. Incorporating an ecological lens to justice within …

Antara Idealisme Dan Pragmatisme: Hukum Yang Efisien Sebagai Sarana Pembangunan, Reynaldi S. Prayoga

Jurnal Hukum & Pembangunan

This articles aims to analyze the Development Law Theory through the lens of efficiency in Economic Analysis of Law (EAL), particularly by employing the concept of welfare maximization and offering legal criteria as a means of development. The Development Law Theory formulated by Mochtar Kusumaatmadja emphasizes the function of law as an instrument of social reform to support national development. In practice, however, the will of those in power claimed to be part of the development agenda has often been justified through the use of legal instruments, thereby riskingthe obscuring of social objectives of development itself. This is due to …

The Eunomics Of Intellectual Property, Shyamkrishna Balganesh

Faculty Scholarship

Originally developed by the legal theorist Lon L. Fuller, eunomics is the “study of good order and workable arrangements,” directed at understanding the structure, form, or ordering adopted by an area of law. Yet, unlike the ordinary analysis of institutional design, eunomics views the form adopted by an area of law as neither preordained nor wholly contingent. Instead, eunomics sees form as playing an important role in clarifying and developing the goals of an area through a means-ends interaction. This Article develops the central insights of Fuller’s eunomics project for intellectual property. Until now, most theoretical accounts of intellectual property …

Indian Copyright Law In The Age Of Genai: Knowledge/Power, Patchwork, And Peril, Lokesh Vyas, Luca Schirru

Indian Journal of Law and Technology

Isn’t copyright law an analog relic, striving to stay relevant in a digital world and hoping to survive an AI-driven and quantum-coded future? We argue it is. It is a law, born in a world of paper and print, now finding itself (again) patching its foundations to keep pace with generative AI (‘GenAI’). This unruly, still-developing technology not only redefines creative processes but also challenges the very assumptions of authorship, creativity, and copying. While discussions on this technology and copyright law abound, amid all the noise, one question simmers beneath the surface: ‘Is the very way we approach GenAI and …

A Human Enablement Theory Of Copyright, Akshat Agrawal

Indian Journal of Law and Technology

Copyright policy, designed to protect creators and disseminators from market imperatives, has ironically deepened their market dependency. This transformation stems from two critical theoretical errors: first, the “incentives”/“reward for labour” story that mistakes protection from market pressures for market encouragement; second, market fundamentalism that treats exclusionary rights as natural and as the source of “liberty”. These misconceptions, reinforced by fallacies about pre-social creativity and physicalism, have transformed copyright from an enabler in a market society into one that commodifies creative expression itself, intensifying rather than ameliorating the economic vulnerability of cultural producers.

This theoretical misunderstanding has produced three interlocking harmful …

Dignity By Design: A Human-Centered Framework For Ethical Ai, Armin Tadayon

Washington and Lee Journal of Civil Rights and Social Justice

The launch of ChatGPT in November 2022 has triggered a global arms race–both among private technology companies and between nation states–for dominance in the field of Artificial Intelligence (AI). If this nascent technology, which is permeating every aspect of our lives as more companies across multiple sectors deploy it for a variety of functions, malfunctions or behaves in unanticipated ways, it can severely affect individuals in their day-to-day lives with broader consequences for society at large. As such, as AI permeates every aspect of our lives, and in some instances, begins to replace humans and human decision-making, it is imperative …

Foreword, Jedediah Britton-Purdy, Justin Deystone

Publications

No abstract provided.

Law As A Form Of Life: On Capitalism And Critical Theory, Justin Deystone

Publications

No abstract provided.

Two Dogmas Of Free Speech Doctrine, David R. Dow

Oklahoma Law Review

No abstract provided.

Plea Bargaining And The Destruction Of Procedural Justice: A Theoretical And Empirical Critique Of Fairness In The U.S. Legal Sphere, Emma Scillitani

Honors Theses

This thesis examines the legal process of plea bargaining as it currently operates within the criminal justice system in the United States. Through both an empirical and theoretical evaluation of this procedure, it analyzes how plea bargaining exists in practice and whether it can be considered a fair mechanism of case resolution. This project investigates the practice on a molecular level through its presence at a county-level court jurisdiction, which represents broader structural implications of the national legal system. Furthermore, it identifies three central factors that drive the overutilization of plea bargaining: power asymmetry, information, asymmetry, and case processing time. …

Let’S Talk About The Biological Reality Of Sex, Baby, John Parsi

FIU Law Review

Sex is at the very core of individual identity. It affects the conception of the self and the way others view the individual. Every day, one’s sex may open and close doors, access to communities, and opportunities. Laws that define sex may affirm scientific knowledge and protect people, or threaten to unravel the facts and the reality of sex. A deep unmooring of sex is underway, and this Article aims to halt it. On day one of the current presidential term, January 20, 2025, President Trump signed an Executive Order on “Defending Women from Gender Ideology Extremism and Restoring Biological …

The Law And Ai As An “Apex Collaborator”: Legal Frameworks For Optimized Cooperation, David S. Filippi, Bill Tomlinson, Andrew W. Torrance

FIU Law Review

Law fundamentally exists to enable human cooperation, providing frameworks for everything from basic contracts to complex international agreements. As artificial intelligence systems grow more sophisticated, they may enable new ways that collaborative activity can occur. We posit the possibility of a new kind of AI entity: the “Apex Collaborator,” a computational system with capabilities for cooperation and partnership that are superior, in at least some ways, to those of humans. Just as apex predators shape the ecosystems in which they live through predation, Apex Collaborators would shape human-AI networks through their ability to enhance peaceful coexistence, collective problem-solving, and shared …

Cruel And Unusual Punishments And The Constitutional Status Of The Idea Of Progress, R. George Wright

FIU Law Review

To this point, we have developed some idea of what progress might have meant to the constitutional Framers, ratifiers, and later judges. We need not attempt the fruitless task of doing any precise head count of the variations of the concrete meaning, perceived likelihood, or value of progress among those parties. Doubtless some persons were more optimistic than others.178 But we need only assume that enough constitutional Framers, ratifiers, and judicial interpreters sufficiently shared any mainstream understanding of progress. Any such constitutional legitimacy of the idea, or the multiple ideas, of progress licenses the language of progress embraced in Trop.

Legal Stories Without Villains, Alison Peck

Law Faculty Scholarship

Lawyers have always been storytellers, and cognitive science is increasingly demonstrating that human beings are wired to learn through story. But legal stories may have a dark side if, as theorists have recently suggested, stories motivate pro-social action by reinforcing in-group identification and out-group hatred. In an increasingly divided polity, are we doomed to stories that drive us toward social disintegration? A solution to the legal storyteller’s dilemma may be found in an ancient source: Aristotle’s Poetics. By crafting legal stories that track the elements of the Tragedy as described by Aristotle and adapted by modern storytellers from Broadway …

Goods, Practices, Excellence, And The Law: Steps To An Internal Theory Of Value, Rowan Gray

CMC Senior Theses

Practices are the coherent and complex social activities we spend much of our lives engaging in. This category encompasses everything from figure skating to wine-tasting to friend relationships. We gain immense value from participating in practices, and philosophers have articulated a number of accounts for where the value emerges from and how we can best experience it. Many of these theories are ‘externalist’, because they posit that value is incidental to practices and emerges from outside of them.

In contrast, this thesis will argue that the value in practices is internal to each practice. The value comes from each practice’s …